Legal

Winmar® Website Terms of Use

INDEPENDENT OWNERSHIP

WINMAR® is a registered Canadian trademark owned by the Winmar Franchise Corp. (“WFC”). Each WINMAR® office is an independently owned and operated legal entity, which is separate and distinct from WFC and all other franchised offices. The WINMAR® trademarks are used under licence from WFC by each franchised office.

Winmar Franchise Corp. (“Winmar”) maintains a web site currently located at www.winmar.ca (the “Site”) which provides articles, publications, information, data and other materials (the “Content”). The Site is provided to you subject to your compliance with these terms and conditions of use (“Terms and Conditions”). By accessing or using the Site you agree to be bound by these Terms and Conditions. If you do not agree to be bound by these Terms and Conditions, please do not access or use the Site.

Modifications to the Terms and Conditions

Winmar reserves the right to change these Terms and Conditions at any time and your continued access to or use of the Site after such changes indicates your acceptance of these Terms and Conditions as modified. It is your responsibility to review these Terms and Conditions regularly.

Copyright And other Legal Notices

Winmar either owns the intellectual property rights in the underlying HTML, text, audio clips, video clips and other content that is made available to you on our website, or has obtained the permission of the owner of the intellectual property in such content to use the content on our website.

Viruses

The downloading of Content is done at your own risk. Winmar cannot and does not guarantee or warrant that the Site or the Content are compatible with your computer systems or that the Site or the Content will be free of viruses, worms, trojan horses or disabling devices or other code that manifests contaminating or destructive properties. You are responsible for implementing safeguards to protect the security and integrity of your computer system and you are responsible for the entire cost of any service, repairs or connections of and to your computer system which may be necessary as a result of your use of the Site.

Disclaimer and Limitation of Liability

The site and the content are provided “as is” without warranty or condition of any kind. Use of the site or the content is at your own risk. Winmar does not make any representations, warranties or conditions about the quality, accuracy, reliability, completeness, currency, or timeliness of the site or the content. Winmar does not assume any responsibility for any errors, omissions or inaccuracies in the site or the content.

To the fullest extent permitted by law, Winmar disclaims all warranties, representations and conditions of any kind with respect to the site and the content whether express, implied or collateral, including, without limitation, the implied warranties and conditions of merchantability, fitness for a particular purpose and non-infringement or that the site or the content are or will be error-free or will operate without interruption. In no event will Winmar be liable, whether based on warranty, contract, tort, negligence, strict liability or any other legal theory, for any damages or any kind (including, without limitation, direct, indirect, incidental, consequential, special, exemplary, punitive damages, lost profits, loss of use, loss of data, personal injury, fines, fees, penalties or other liabilities), whether or not Winmar is advised of the possibility of such damages, resulting from the use of, or the inability to make use of, the site or the content.

Communications Not Confidential

Winmar does not guarantee the confidentiality of any communications made by you via e-mail or otherwise through the Site and cannot guarantee that any such communications are protected by solicitor-client privilege. If you wish to provide information of a confidential or sensitive nature to Winmar, please contact us directly by telephone.

No Unlawful or Prohibited Use

You agree that you will not, without our prior written permission, use the Site and the Content for purposes other than your own personal non-commercial use and benefit. You may not frame the Site or the Content or any part thereof on any commercial or non-commercial internet web site. You acquire absolutely no rights or licences to the Site or the Content other than the limited right to use the Site and the Content in accordance with these Terms and Conditions. You agree that you will not use the Site for any purpose that is unlawful. Except as expressly provided in these Terms and Conditions, any reproduction, retransmission, distribution, sale, republication, modification, translation of or creation of derivative works based on the Site or the Content, in whole or in part, and any decompilation disassembly, reverse engineering or other exploitation of the Site, without prior written permission, is strictly prohibited.

Ownership

All Content, designs, graphics, pictures, illustrations, software, artwork, video, music, sound, names, words, titles, phrases, logos and marks displayed on the Site or in the Content are owned by Winmar and are protected by copyright, trade-mark and other intellectual property laws and treaty provision laws.

Third Party Sites

The Site may provide links to third party web sites. Winmar does not endorse the information contained in those web sites or guarantee their quality, accuracy, reliability, completeness, currency, timeliness, non-infringement, merchantability or fitness for any purpose. The content in any linked web site is not under Winmar’ control and if you choose to access any such web site, you do so entirely at your own risk.

Governing Law

These Terms and Conditions are governed by the laws of the Province of Ontario and the applicable laws of Canada and these laws apply to the use of the Site or the Content by you, notwithstanding your domicile, residency or physical location. The Site and the Content are intended for use only in jurisdictions where it may lawfully be offered for use.

General Provisions

These Terms and Conditions, including any documents referenced herein, constitute the entire agreement between Winmar and you pertaining to the subject matter hereof and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Winmar with respect to the Site. A printed version of these Terms and Conditions and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Winmar’ failure to insist upon or enforce strict performance of any provision of these Terms and Conditions shall not be construed as a waiver of any provisions or right. If any of the provisions contained in these Terms and Conditions are determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, such determination shall not affect the remaining provisions contained herein.